cover image: The Calcutta Weekly Notes  Monday  June 13  1904

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The Calcutta Weekly Notes Monday June 13 1904

1904

of profit." The installation of Lord Curzon of Kedleston on return from India as Lord Warden of the Cinque Ports a position to which he has been appointed in succession to the late Lord Salisbury will recall the circumstance that the question Whether the post of Lord Warden of the Cinque Ports was an office of profit under the Crown within the meaning of the Place Act when accepted by a membe [...] The majority of the Judges who decided that case seemed to favour the view (held in some earlier cases and doubted in others) that the broker's entry in his own books would represent the real contract between the parties and the bought and sold notes would be mere copies of the same and would in the absence of the entry in the broker's book be presumed to be true copies only when they agreed [...] The real question raised by the defence was whether the words at the rate of " were to be read into the Article of Association ; Article 75 said :- " The Directors shall be paid out of the funds of the Company by way of remuneration for their servides. [...] "That the Court below ought to have held that the purchase of Defendant 2nd party of th& three Mouzahs was subject to the mortgage to your petitioner.." " That the Court below is in error in holding that the Plaintiff is only entitled to receive the salproceeds of the three Mouzahs and had lost all lieu over the same by reason of the auction-sale of Dfendant 2nd party. [...] The effect of this sale was to wipe off not only the Defendant's mortgage lien but also the mortgage lien of the Plaintiff; and we fail to see there being no allegtion of fraud against the Defendant in the matter of this purchase what equities there can be in favour of the Plaintiff as against the Defendant.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday June 13 1904
ccxxxvii-cclxiv unknown view

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